Foreign Relations of the United States, 1949, The Near East, South Asia, and Africa, Volume VI

501.BC Kashmir/10–2049: Telegram

The Secretary of State to the Consulate at Geneva ¹

secret

Washington, October 20, 1949—8 p. m.

1331. Kascom 125. For Macatee. Fol are conclusions and recommendations which Dept wld like to see included in UNCIP report, accompanied by rationale on which they are based. Portions this rationale might be included UNCIP report and may prove useful obtaining favorable consideration by other members UNCIP of suggested conclusions and recommendations.

Conclusions

In light of the above review its activities Comm has reached fol conclusions:

1. That Comm has been unable within framework its Res 13 Aug² and 5 Jan to effect agreement between GOI and GOP on demilitarization Jammu Kashmir State and therefore it has not yet been possible establish conditions necessary holding of plebiscite within framework those Res;

2. That demilitarization of State is desirable in order permit pacific settlement dispute;

3. That Comm has exhausted possibilities mediation dispute within framework its present terms of reference contained SC Res 20 Jan and 21 April, 1948;³

4. That early settlement dispute between India and Pak over Kashmir is nevertheless imperative; and that it is important that conditions be estab at an early date which will permit carrying out pleb by which will of people as to future of State may be freely and impartially ascertained.

5. That since GOP accepted the Comm’s proposal for arbitration of the issues relating to truce and GOI made clear that it has no objection to the principle of arbitration, further consideration shld be given to the employment of this procedure.

6. That in its opinion appointment by SC of a single individual with broad auth to seek bring parties together on issues which divide them offers practical procedure for advancing settlement this problem.

Recommendations

In light above conclusions Comm suggests for SC consideration fol course of action:

1. That SC request the parties to take necessary measures to ensure that agreements already reached re cease-fire be scrupulously observed.

2. That SC appoint single individual as its Rep with broad auth to seek bring parties together on issues which divide them, taking into account in performance of his task (a) basic principles already accepted by parties in UNCIP Ress; and (b) importance of early estab of conditions which will permit carrying out pleb by which will of people as to future of State may be freely and impartially ascertained.

3. That SC after consultations with parties determine terms of reference of its Rep including the scope of his auth to resolve by arbitration outstanding issues relating to demilitarization of State.

Rationale

Attainment by UNCIP of demarcation cease-fire line in Kashmir is solid accomplishment and first recommendation is designed to preserve it.

It is desirable that UNCIP not abandon principle of pleb at this stage. However, since overall pleb may ultimately be found unnecessary and impossible, above recommendations seek to avoid specifying exact nature of pleb and do not preclude possibility of some modification of an overall pleb.

Meanwhile demilitarization of state is desirable in order to reduce possibility of violation of cease-fire and also contribute to more pacific atmosphere necessary to proceed toward final settlement. Moreover both sides continue to adhere to principle that demilitarization is desirable.

Dept believes that UNCIP difficulties in achieving agreement on demilitarization resulted largely from artificial division this question into truce and pleb periods as set forth UNCIP Ress 13 Aug and Jan and believes this artificial division shld be removed in future attempts solve this problem.

In view GOP acceptance arbitration proposal and GOI statement it does not object in principle to arbitration, Dept believes UNCIP can not logically avoid suggesting that possibilities settlement demilitarization issues by arbitration be further explored. Approach suggested in recommendation 3 has advantage of requiring UNCIP neither to recommend arbitration exclusively nor itself to abandon possibilities remaining in this approach. The exact terms of reference for further approach this problem wld be left to SC in consultation with parties.

Finally UNCIP experience wld seem indicate further attempts solve Kashmir problem might be more effectively handled under direction of a single individual. Designation this individual wld be, under recommendations, left discretion of SC.

You will observe that these recommendations differ from those tentatively agreed upon during your recent consultations in Dept.

Dept feels, however, that while placing due emphasis on arbitration for demilitarization issues pleb as already agreed objective at same time they provide broad framework within which any other procedure of settlement may be pursued.

FYI, since Canada will assume SC presidency Dec 1 critical discussion UNCIP report may occur about that time, thus providing possibility coordination SC procedures with Commonwealth approach now being explored with Canada.

Acheson

1. Repeated to London as 3783, Karachi as 400, and New Delhi as 735.
2. For documentation on the work of the UNCIP in 1948, see Foreign Relations, 1948, vol. v, Part 1, pp. 265 ff.
3. For documentation on consideration of the Kashmir question by the Security Council in 1948, see ibid .